2) over the long run - File WH4 form at DOL. Or else they may revoke your I-140 even after approval. That will help you save your status incase DOL comes after. Very important to do, Form will collect many scary details about you (H-1B Nonimmigrant Information), but it is necessary for you to be safe.

3) Using the fact that you filed WH4, you can switch employers, without paystubs.

4) Follow up hard with employer. He should know that this is not legal.

Keep us posted.

Goodluck

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veni001

12-28 11:07 AM

To get H-1 extension you need to have one of the following Approved PERM labor (not expired) PERM labor pending for 365 days or more Pending I-140 or Approved & "Valid" I-140

If you can not produce any of the above then "no" H1 extension beyond 6th year.

On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.

Background OF Myself ---------------------- a) Worked for Company A from 2003 to 2008.

b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it

c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).

d) Employer A revoked 140 which triggered 485 denial in October 2008.

e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

f)Applied AP & EAD renewal ,got a EAD card September 2010

g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?

Question

I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)

1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?

2)Can I have any chance of explain USCIS, by this rule below?

��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��

Non-immigrants residing in the U.S. are required to update USCIS with a change of address within 10 days of moving. As you now appear to be living in a different location "y", you should update USCIS for you and any dependents immediately.

As you are now living/residing in place "y" that is your residential address and you will need to file your AP/EAD (I-131/I-765) renewals according to your current address.

Some general instructions: Please be sure to visit the USCIS website at https://egov.uscis.gov/crisgwi/go?action=coa for information regarding U.S. Citizenship and Immigration Services (USCIS) Change of Address procedures and for access to Form AR-11. USCIS expects that the Form AR-11 should be mailed or submitted electronically within ten days of any change of home address. You may submit the form electronically to https://egov.uscis.gov/crisgwi/go?action=coa.Terms, or by mail to the USCIS address listed on the Form.

If not submitting electronically, we strongly advise that all such forms be sent using U.S. Certified Mail, and Return Receipt cards. Sending the AR-11 form via Certified Mail is the only way to prove that change-of-address notification was submitted in a timely fashion.

Please be sure to indicate that you have pending petitions and provide the respective receipt numbers.

I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.

So my queries are : - will I get H1 again under COS? - If yes, how much time will it take to get H1 again? - Does this process will be like a new H1? - how much will it cost to my employer with attorney fees?

Thank you.

Meet

Yes You can get new H1B. Time Depends on type of processing.....premium you should get within 2 weeks. H1B extension or Transfer or New one....whatever its all the same process. But called differently. Now H1B fees got hike.....may be around 5K I believe. Check for USCIS fee for I-129 on USCIS Home Page (http://www.uscis.gov) and add Education Evaluation, Attorney Fee, Fedex charges etc.

Please ask your Employer for break up if you are paying for it.

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averagedesi

09-23 09:30 PM

Here is a link of ppl in similar situations, its from a different forum

If your I-485 was filed in that mad rush on July 2007, you *have* to pay renewal fees for EAD/AP every single time. Remember, USCIS had extended July 07 filings acceptance date till August 17,2007 due to their own screw up. Here on or before 30th July 2007 means 17th August, 2007. FYI, my I-485 was filed on 17th August, 2007.

But if you have filed your I-485 after that and the filing fee for that was around $1000 ($1010 I believe ), then you get free renewal of EAD/AP. When I e-filed the EAD for my wife, it made the fee calculation for me, so it's hard to go wrong there.

Gurus,

Here is what I found on USCIS website for renewal I765 ***** If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee. *****

I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which is expired and want to renew it.

Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?

Whether you have used EAD or not is not an issues. You can file renewal anytime. Just send the current copy of your H1 while renewing. Also you don't need to go through lawyer to file EAD or renewal of EAD. I e-filed EAD for myself and my wife on my own the first time. I also filed renewals and got them in about 2 months time. Let me know if you need any information on renewal process.

About AP: Since you have used AP, there is no expiration of I-94. Even when your AP expires, Ur I-94 is valid till you do not get a decision on your PR application.

Wow, I just tried the "yanks are coming" one. What the heck is that? Did you actually read all of that? I feel ashamed of myself when you say that. Maybe I am too busy or have very little patience. Probably useful articles, however, due to my inability to concentrate for long (I asume) I could not actually make out what that was all about :confused::confused::confused::D:D

I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...

>>Looks like you are on EAD. Are you still finding it difficult to find a job? If I am on H1, I could have already packed my bags.

Here is the temporary crisis for me. With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.

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Kitiara

10-18 05:35 AM

When you use Fireworks to make your animation, try converting to a symbol and using a tween, as in Flash...

I don't know if these things are tweenable... Alright, look I've attached one of the animated gifs to this post, so you can see what I mean. I've got this one down to 20K, but I need to make it lower. I haven't got much knowledge of Fireworks (at least not on the animating side), - I've found the Convert To Symbol thing, but it doesn't seem to reduce the file size. Each frame was originally a .psd, which was then Saved For Web as a gif, opened into Fireworks, then pasted into the animation.

My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.

I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?

yeah but the question is - assuming your PD becomes current and a visa number is available, will your i-485 be skipped over due to this new successor in interest i-140 pending approval, or is it simply looked at as supporting evidence, since you had a prior approved i-140, and the i-485 is therefore adjudicated.

What i'm trying to figure out is how the successor in interest i-140's are processed.

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Leo07

06-15 10:53 AM

Your employer is NOT supposed to hold back any payments--it's absolutely ILLEGAL. IMHO, your best course of action would be to: 1. Contact one of the immigration attorneys listed on the top-right corner of this web page and explain your case. In other words, validate your case first. 2. Check if Your Client is tied to your employer, so, if you quit your employer, you are quitting the client as well?( You should already know the answer to this question) 3. Depending on answers from 1&2 you can talk to your CLIENT and find a different employer. Your accused employer doesn't have to know any of these points.

H1 transfer is NOT a menace, it can be done any time. As long as you have a valid client contract/job. If you have NOT filed for GC, there is more reasons for you to transfer.

H1 Transfer rejecting = H1 Visa rejection? NOT always TRUE...

Firstly, if you have your papers correct and have a job in hand, your H1 will NOT be rejected. As simple as that.

Best of Luck!

Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

H1 Transfer rejecting = H1 Visa rejection? :confused:

Please let me know.

Thanks a lot.

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lazycis

10-05 11:15 AM

Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.

Yes, but the time she was without status will count as unlawful presence (depending on I-94). No worries, only 180 days or more of unlawful presence will trigger a three-year inadmissibility ban (see the INA � 212(a)(9)(B)(i)(I)). I would also advise her not to leave the US until she gets an approval.

Ahimsa

10-05 08:40 AM

I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels: ......

Arsh,

Good to know these info. Could you please let me know what kind of visa/work permit you were on in Brussels? Is there a way to be a permanent resident there?

Thanks

roseball

10-26 04:42 AM

Shouldnt be any problem..But I suggest to file for withdrawal asap if your wife is not planning to leave the country immediately...Because, she is legally out of status if she has not started working since Oct 1st (Though one can argue on this as she has a AOS pending too)...If she leaves the country immediately, she doesnt even have to file a withdrawal...She can leave the country and either enter on AP and use EAD to work or get a H4 Visa stamped, enter on H4 and use EAD to work....Either way, I dont see any issues here....